Walker Digital, LLC v. Facebook, Inc., et al., Civ. No. 11-313-SLR, April 4, 2012.

Robinson, J.  Motion to dismiss for failure to state a claim of direct, indirect and willful infringement is denied.

On April 11, 2011, plaintiff filed this patent case involving technology directed to a method and apparatus for facilitating electronic commerce through providing cross-benefits during a transaction . Plaintiff amended its complaint on July 29, 2011.  Defendants moved to dismiss with prejudice for failing to state a claim, asserting, inter alia, that the accused marketing promotions on their face show that they do not satisfy a claim limitation and because the amended complaint lacks factual allegations sufficient to state a claim for willful infringement.  The motion to dismiss was denied.  The amended complaint satisfies the pleading standards under the Federal Rules of Civil Procedure for infringement and the Court is not prepared at this stage of the proceeding engage in claim construction.  The amended complaint also contains allegations directed to pre-suit knowledge of the patents-in-suit.